Gross v. Burnside

LAWLOR, J.

This is an appeal by the defendant from a judgment for the plaintiff in an action for damages for injuries alleged to have been sustained by the plaintiff as a result of her being run down by defendant’s automobile while it was driven by him. The case was tried by the court sitting without a jury.

The evidence shows that the accident occurred on the thirteenth day of November, 1919, at about 9 P. M., near the intersection of Sunset Boulevard and Echo Park Avenue, in the city of Los Angeles. The night was dark and the corner was poorly lighted by an arc-light. It had been raining and drizzling earlier in the day, and the street was wet and slippery. On Sunset Boulevard the car tracks are double and on Echo Park Avenue single. The Echo Park Avenue tracks turn the comer toward the east and join the northern tracks on Sunset Boulevard. At the time in question a car of the Echo Park Avenue line had run out across Sunset Boulevard so far that the front of the car had crossed the northern track of the boulevard. Occupying this position, the car completely obstructed the north side of the boulevard, from the car tracks to the curb, making it necessary for one traveling west on the boulevard to turn out into the middle of the street to clear the southern end of the car. Just before the accident occurred respondent and one Mrs. Mary Jackman started across the boulevard from the northwest to the southwest corner of the intersection with Echo Park Avenue. Mrs. Jackman walked straight across, and respondent went diagonally to the right. While crossing, respondent looked up and down the street to see if there were any danger from traffic, but her view to the east was obstructed by the Echo Park Avenue ear extending out across the northern side of the boulevard. Mrs. Jackman continued on across the street. When about halfway across respondent stopped and, facing west, stooped over to pick up an article from the street.

About this time appellant, accompanied by one Harry Furlott, was driving his machine west on the north side of Sunset Boulevard. He turned out to go around the left or southern end of the Echo Park Avenue car. The court

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found that at this point the machine was traveling at the rate of about fifteen miles an hour. According to appellant’s testimony, after he passed the street-car he saw respondent, who had not yet stopped; that he judged she had ample time to cross in front of the automobile; that he assumed she would continue across the street, and that for this reason he did not sound his horn. It was at this time respondent stopped and stooped over. Mrs. Jackman, who had arrived at the south curb, screamed, “Belle, look out for the machine.” Appellant put on his brakes. The automobile skidded and turned almost completely around, the rear wheels describing an arc to the right. Respondent was struck, receiving the injuries complained of. She testified she did not at any time see the automobile and that Mrs. Jackman’s warning was the first she knew of its approach.